Part 4

XII. And be it further enacted, That in case any Pipe, Cock, or Branch shall in pursuance of the Powers herein contained be carried or laid from any Main or Pipe belonging to the said Trustees, or to any Gas Light Company, or other Person or Persons contracting to light or lighting with Gas the said Square or any other Place within the Limits or Jurisdiction of this Act, into, through, or against any private Dwelling House, Building, Yard, or Ground, for any Purpose whatsoever, and the Owner or Occupier of any such private Dwelling House, Building, Yard, or Ground shall be desirous that the same Pipe, Cock or Branch, shall be altered or removed and taken away, and of such Desire shall give Notice in Writing to the said Trustees, or to such Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, then and in every such Case the said Trustees, or such Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, shall within Seven Days next after the Service of such Notice at the usual Office or Place of transacting Business of the said Trustees, Gas Light Company, or other such Person or Persons as aforesaid respectively, alter or remove and take away, or cause to be altered or removed and taken away, all or any such Pipes, Cocks, and Branches respectively, and in default thereof it shall be lawful for such Owner or Occupier, or any Person or Persons acting under the Authority of such Owner or Occupier, to cause such Pipes and Branches respectively to be altered or removed and taken away, as the Case may require; and all the Costs and Expences of and incident to every such Alteration or Removal shall be paid by the said Trustees, or by such Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, and may be recovered in the same Manner as any Penalty or Forfeiture which shall be incurred under the Provisions contained in this Act may be levied or recovered, before a Justice of the Peace.

XIII. And be it further enacted, That whenever the Water which shall be supplied by any Water Works Company, or Company established for the Supply of Water, shall be contaminated or affected in any way whatsoever by the Gas of the said Trustees, or of any Gas Light Company, or other Person or Persons contracting to light or lighting with Gas the said Square called _Brompton Square_, or any other Place or Places within the Jurisdiction of this Act, then and in every such Case the said Trustees, Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, shall, within Twenty-four Hours next after Notice thereof in Writing, signed by any One of the Directors, or by the Secretary or Chief Clerk for the Time being of any such Water Works Company, and left at the usual Office or Place of transacting Business of the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, cause Measures to be taken effectually to stop and prevent such Gas from contaminating or affecting the Water of any such Water Works Company; and in case the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, shall not, within Twenty-four Hours next after each and every such Notice so left as aforesaid, effectually remove the Cause of every such Complaint, and prevent all and every such Contamination whereof Notice shall be given as aforesaid, then and in every such Case the said Trustees, or such Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, shall on each and every Complaint whereof Notice shall be given as aforesaid forfeit and pay to the Secretary or Chief Clerk of such Water Works Company, for the Use and Benefit of such Company, the Sum of Ten Pounds for each and every Day during which the Water supplied by any such Water Works Company shall be and remain contaminated or affected by the Gas of the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid; and every such Penalty or Forfeiture shall and may be levied and recovered for the Use of such Water Works Company, in the same Manner as any other Penalty or Forfeiture which shall be incurred under the Provisions contained in this Act may be levied and recovered before a Justice of the Peace, with Costs, to be assessed by such Justice.

XIV. And whereas it may be or become a Question upon such Complaint as aforesaid whether the said Water be contaminated or affected by the Gas of the Trustees, Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas the said Square, or such other Place or Places as aforesaid; be it therefore enacted, That in every such Case it shall be lawful for any such Water Works Company at aforesaid to dig to and about, and to search and examine all or any of the Mains, Pipes, Conduits, and Apparatus of the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, for the Purpose of ascertaining whether such Contamination proceed or be occasioned by the Gas of the said Trustees, or of each Gas Light Company, or other Person or Persons; and if it shall appear that the said Water has been contaminated or affected by any Escape of Gas, then and in every such Case the Costs and Expences of the said Digging, Search, and Examination, and of the Repair of the Pavement of the Street or Place which shall be taken up or disturbed, shall be borne and paid by the said Trustees, Gas Light Company, or other Person or Persons by whose Gas the said Water shall be so contaminated as aforesaid, which Costs and Expences shall be ascertained and determined (if necessary) by any Justice of the Peace, and may be levied and recovered in the same Manner as any Penalty or Forfeiture which shall be incurred under the Provisions contained in this Act may be recovered before a Justice of the Peace: Provided always, that if upon such Examination it shall appear that such Contamination has not arisen from any such Escape of Gas from any of the Mains, Pipes, or Conduits of the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, then and in every such Case the Water Works Company by whom or on whose Behalf such Examination and Search shall be made shall bear and pay all the Costs, Charges, and Expences of and incident to such Examination and Search, and shall also make good to the said Trustees, Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, any Loss, Injury, or Damage which may be occasioned to the Mains, Pipes, Conduits, or Apparatus of the said Trustees, Gas Light Company or other Person or Persons as aforesaid, in and by such Search and Examination, and also any Injury or Damage which may be done in or about any of the Footways or Carriageways which shall be broken up or disturbed in such Search or Examination; the Amount of such Injury, Loss, or Damage to be ascertained and determined, if necessary, by any such Justice of the Peace as aforesaid.

XV. And be it further enacted, That whenever any Gas shall be found to escape from any Pipe or Pipes which shall be laid down, set up, or used in or about the lighting _Brompton Square_, or any other Place or Places within the Jurisdiction of this Act, the said Trustees, or the Gas Light Company, or other Person or Persons contracting to light or lighting with Gas the said Square, or such other Place or Places as aforesaid, shall, immediately after Notice given to them or him respectively, by Parol or in Writing, of any such Escape of Gas, from any Person or Persons whomsoever, cause the most speedy and effectual Measures to be taken to stop and prevent such Gas from escaping; and in case the said Trustees, Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas the said Square or other Place or Places respectively, shall not, within Twenty-four Hours next after such Notice given, effectually stop and prevent any future Escape of Gas, and wholly and satisfactorily remove the Cause of Complaint, then and in every such Case the said Trustees, or the Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, shall for every such Offence forfeit and pay the Sum of Five Pounds for each Day after the Expiration of Twenty-four Hours from the Time of giving any such Notice, during which the Gas shall be suffered to escape as aforesaid; which Penalty or Penalties shall from Time to Time be recoverable in a summary Way, in the same Manner as any other Penalty or Forfeiture which shall be incurred under the Provisions contained in this Act may be recovered.

XVI. And be it further enacted, That if the said Trustees, or any Gas Light Company, or other Person or Persons whomsoever contracting to light or lighting with Gas the said Square called _Brompton Square_, or any other Place or Places within the Jurisdiction of this Act, shall at any Time drain, carry, or convey, or cause or suffer to be drained, carried, or conveyed, or to run or flow, any Washings or other Liquid, or any other Matter or Thing whatsoever which shall arise or be made in or about the Prosecution of their Gas Works or the Manufacture of Gas, into the River _Thames_, or any other River, or into any Brook, Stream, Reservoir, Canal, Aqueduct, Waterway, Feeder, Pond, or Spring Head, or into any Drain, Sewer, or Ditch communicating with any of them, or shall do any Annoyance, Act, or Thing to the Water contained in any of them whereby such Water or any Part thereof shall or may be soiled, fouled, or corrupted, then and in every such Case the said Trustees or such Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas the said Square, or such other Place or Places as aforesaid, shall for every such Offence forfeit and pay the Sum of Two hundred Pounds to any Person or Persons who shall sue for the same in any of His Majesty’s Courts of Record at _Westminster_, by Action of Debt or on the Case, wherein no Essoign, Protection, or Wager of Law, and not more than One Imparlance, shall be allowed; Provided always, that no such Penalty or Forfeiture shall be recoverable, unless the same be sued for within Twelve Calendar Months next after such Annoyance, Injury, Damage, Act, or Thing shall have ceased: Provided also, that in addition to the said Penalty of Two hundred Pounds (and whether such Penalty shall or shall not be sued for or recovered), in case any Washings or other Liquid, or any other Matter or Thing whatsoever which shall arise or be made in or about the Prosecution of such Gas Works, or the Manufacture of Gas as aforesaid, shall be drained, conducted, or conveyed, or caused or suffered to run or flow into the said River _Thames_, Or any other River, or into any Brook, Stream, Reservoir, Canal, Aqueduct, Waterway, Feeder, Pond, or Spring Head, or into any Drain, Sewer, or Ditch, communicating with any of them, or if any such Annoyance, Act, or Thing shall be done or caused to be done as aforesaid, and Notice thereof in Writing shall be given by any Person or Persons whomsoever to the said Trustees, or to the Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas the said Square, or such other Place or Places as aforesaid, and if the said Trustees, or such Gas Light Company, or other Person or Persons as last aforesaid, shall not, within Twenty-four Hours next after every such Notice as aforesaid, stop and prevent all such Washings or other Liquids, and all such other Substances and Things as aforesaid from being drained, conducted, or conveyed, or from running or flowing in manner aforesaid, and also cause any such other Annoyance, Act, or Thing as aforesaid to be discontinued, then and in every such Case the said Trustees, Gas Light Company, or other Person or Persons so offending shall forfeit and pay the Sum of Twenty Pounds for each and every Day such Washings or other Liquids, or other Matters or Things, shall be so drained, conducted, or conveyed, or caused or suffered to run or flow in manner aforesaid, or such other Annoyance, Act, or Thing shall be so done or caused to be done as aforesaid; and such last-mentioned Penalty shall and may be levied and recovered in the same Manner as any other Penalty or Forfeiture which shall be incurred under the Provisions contained in this Act may be levied or recovered, and shall be paid to the Informer or Informers, or to the Person or Persons who in the Judgment of the Justice or Justices before whom the Conviction shall take place shall have sustained any Annoyance, Injury, or Damage by the Act, Matter, or Thing in respect whereof such Penalty or Forfeiture shall be inflicted.

XVII. And be it further enacted, That it shall be lawful for the said Trustees from Time to Time to appoint so many able-boded Men to act as Watchmen, and to patrol, watch, and guard the said Square, and all other Places within the Jurisdiction of this Act, during such Hours and at such Wages as the said Trustees shall think proper, and to provide suitable Arms and Clothing for such Watchmen, and also to provide and set up Watchboxes for their Reception at such Places as the said Trustees shall think necessary; and also to provide a proper Watchhouse or Place for the safe Custody of such Persons as may be apprehended by such Watchmen while on Duty; and that such Watchmen shall act as Constables during the Hours appointed for their watching, and shall have, exercise, and enjoy all such and the like Powers and Authorities, Privileges and Immunities, as any Constable may have and enjoy by Law; and every Person who shall assault or resist, or promote or encourage the assaulting or resisting, any such Watchman in the Execution of his Duty, and also every Victualler who shall harbour or entertain any Watchman during any Part of the Time appointed for his being on Duty, shall for every such Offence forfeit and pay a Sum not exceeding Five Pounds; and in case and as often as any such Watchman shall misbehave himself or neglect his Duty, he shall forfeit and pay a Sum not exceeding Two Pounds.

XVIII. And be it further enacted, That it shall be lawful for the said Trustees from Time to Time to cause the Name of the said Square, and of any other Street or Place within the Jurisdiction of this Act, to be painted or otherwise described in a conspicuous Part of any House or Building within such Square, Street, or Place respectively; and also from Time to Time to cause all the Houses, Buildings, and Tenements within the Jurisdiction of this Act to be distinguished by Numbers, to be painted or affixed upon the Entrance Doors thereof respectively; and if any Person or Persons shall alter or wilfully deface or remove any such Name or Number, or any Part thereof, or if any Person or Persons for the Time being chargeable with the Rates which shall be made in pursuance of this Act in respect of any House, Building, or Tenement of which the Number shall be so altered, defaced, or removed, shall not perfectly reinstate such Number within Seven Days next after such Person or Persons respectively shall be required so to do by a Notice from the said Trustees or their Clerk, every such Person shall for every such Offence forfeit and pay a Sum not exceeding Five Pounds.

XIX. And be it further enacted, That proper Gates shall be erected and at all Times kept up and preserved by the said Trustees, across the Footways and Carriageways at the Entrance to _Brompton Square_ next the Turn-pike Road, so as to inclose and keep the same Footways and Carriageways (such footways and Carriageways not being now public Highways) private, as far as may be consistent with the general Convenience of the Occupiers of Houses in the said Square; and which said Gates shall be kept closed during such Hours between Ten of the Clock at Night and Seven of the Clock in the Morning, as the said Trustees shall direct, and during those Hours a Key or Keys thereof shall be left in the Charge of the Watchman or Watchmen on Duty in the said Square.

XX. And be it further enacted, That the said Trustees shall contract with or employ some Person or Persons to cleanse the Carriageways, and take away the Dust, Cinders, Ashes, and Rubbish (not being Rubbish arising from Building or Repairs) from the Houses of the Inhabitants within the Jurisdiction of this Act; and if any Person or Persons (not being duly authorized by the said Trustees, and not acting under or on behalf of a Person so authorized) shall go about to collect or gather, or shall ask for, receive, or carry away any Dust, Cinders, or Ashes from any House, Building, or Place within the Jurisdiction of this Act, every Person so offending shall for every such Offence forfeit and pay a Sum not exceeding Ten Pounds.

XXI. And, to the Intent that a Pleasure Garden or Shrubbery may be maintained and preserved within the inclosed Area of the said square, for the Embellishment thereof, and for the Use of the Inhabitants of the Houses in the said Square; be it further enacted, That it shall be lawful for the said Trustees from Time to Time to contract for, and in the Names of any Five or more of the said Trustees, to take and accept from the said _William Farlar_, his Heirs or Assigns, a Lease or Leases of all Ground now laid out and which hereafter shall be laid out as or for an inclosed Area in the said Square, at such Rent or Rents, and subject to such Stipulations and Conditions as shall from Time to Time be settled and agreed upon between the said Trustees and the said _William Farlar_, his Heirs or Assigns, so that such Rent or Rents shall not in the whole at any one Time exceed the yearly Sum of Thirty Pounds, and the Estate and Interest of the Lessees in every such Lease shall by virtue of this Act absolutely vest in the Trustees for the Time being; and such Rent or Rents, and the Costs and Charges of and incident to the Performance of such Stipulations and Conditions, and also the Costs and Charges of every such Lease, shall be paid out of the Rates to be made by virtue of this Act; and during the Continuance of every such Lease the said inclosed Area (subject to the Stipulations and Conditions which shall be contained in every such Lease respectively) shall be kept and maintained as and for a private Pleasure Garden and Shrubbery, for the exclusive Use and Enjoyment of the Persons for the Time being occupying Houses in the said Square (subject to the Regulations and Provisions contained in this Act), and shall be kept securely fenced in and inclosed with good and substantial Iron Railing, and proper Entrance Gates, and with good and secure Locks on all such Gates; and no Person or Persons whomsoever other than the Occupiers of Houses in the said Square (not being menial Servants) shall be entitled to have or use any Key or Keys of the said inclosed Area, except it be with the Consent in Writing of the Majority of the said Trustees, who for the Time being shall be Occupiers of Houses in the said Square: Provided always, that the Owners and Occupiers of Houses in the said Square called _Brompton Square_ built previously to the passing of this Act, shall, notwithstanding any thing herein-before contained, have and enjoy all Right and Interest, if any, which such Owners or Occupiers respectively may have, or be entitled to, in the inclosed Area of the said Square under or by virtue of any Covenant or Agreement now in existence.

XXII. And be it further enacted, That it shall be lawful for the said Trustees to contract, by the Year or otherwise, with any Person or Persons for the doing of any Works or Business whatsoever relating to or connected with the Execution of this Act, so that no such Contract shall continue in force for more than Three Years from the Time of contracting, and the Clerk to the said Trustees shall enter all such Contracts in a Book or Books to be provided and kept for that Purpose.

XXIII. And be it further enacted, That all the Paving Stones, Gravel, and other Materials of which the Footways and Carriageways within the Jurisdiction of this Act shall for the Time being consist, and the Posts and Rails which shall be set up for the Protection of the said Footways, and also all the Lamp Posts, Lamp Irons, Lamps, and other Utensils which the said Trustees shall from Time to Time cause to be set up or used for lighting the said Footways and Carriageways, and the Watchboxes, Arms, and Clothing which shall be provided by the said Trustees for the Use of the Watchmen who shall be employed in pursuance of this Act, and also (during the Continuance of any Lease of the inclosed Area of the said Square which shall be granted to the said Trustees as aforesaid) the Iron Railing, Fences, Gates, and Locks of and belonging to the said inclosed Area, and the Fences, Plants, Shrubs, and Herbage in the said inclosed Area for the Time being, and also the Materials of which the Gravel Walks therein for the Time being shall be formed and consist, shall for all Purposes be deemed and considered as vested in the said Trustees, and shall in all Actions, Suits, Indictments, Complaints, Convictions, and other Proceedings whatsoever relating thereto, be described generally as the Property of the Trustees for regulating and improving _Brompton Square_ and certain adjacent Places, without naming the said Trustees or any of them.

XXIV. And be it further enacted, That if any Person or Persons shall wilfully or maliciously destroy or damage any of the Footways or Carriageways within the Jurisdiction of this Act, or any Part thereof, or any Post, Rail, Lamp Post, Lamp Iron, Lamp, Watchbox, Arms, Clothing, or other Utensil or Thing which shall be provided by or in pursuance of the Directions of the said Trustees, or any of the Iron Railing, Fences, Gates, Locks, Trees, Plants, Shrubs Herbage, or Gravel Walks of or belonging to the inclosed Area of the said Square, or any of them, or any Part thereof respectively, every such Person shall for every such Offence forfeit and pay a Sum not exceeding Five Pounds; and every such Person, and also every Person by whom any of the said Footways and Carriageways, Lamp Posts, Lamp Irons, Lamps, Watchboxes, Arms, Clothing, Iron Railing, Fences, Gates, Locks, Trees, Plants, Shrubs, Herbage, Gravel Walks, Utensils and Things, or any of them or any Part thereof respectively, shall be carelessly or accidentally destroyed or damaged, shall make full Satisfaction for the Damage or Injury done or committed by him, her, or them respectively; and unless such full Satisfaction shall be forthwith made, any Justice of the Peace, upon Application to him for the Purpose by or on behalf of the said Trustees, may award such Sum of Money to be paid to the said Trustees by way of Satisfaction for such Damage as such Justice shall think reasonable, and the same shall be recovered in the Manner herein-after provided for the Recovery of any Fine, Penalty, or Forfeiture to be inflicted or imposed under the Provisions of this Act.